Railway Regulation Act 1842

15 Compulsory powers of taking land for the purposes of railways extended where thought necessary for safety by the Board of Trade. U.K.

And whereas by various Acts relating to railways compulsory powers are given to railway companies of purchasing and taking lands for the construction of such railways, and it is provided that such compulsory powers shall not be exercised after the expiration of certain limited periods from the passing of the said Act: And whereas it is sometimes found necessary for the public safety that additional land should be taken after the expiration of such periods for the purpose of giving increased width to the embankments and inclination to the slopes of railways, or for making approaches to bridges or archways, or for doing such works for the repair or prevention of accidents as are herein-before described: in every case in which the lords of the said committee shall certify that the public safety requires additional land to be taken by any railway company for such purposes as aforesaid, the compulsory powers of purchasing and taking land contained in the Act or Acts of such railway company, together with all the clauses and provisions relative thereto, shall, as regards such portion or portions of land as are mentioned in the certificate of the lords of the said committee, revive and be in full force for such further period as shall be mentioned in such certificate: Provided always that any railway company applying to the lords of the said committee for any such certificate shall give fourteen days notice in writing, in the manner prescribed by the Act or Acts of such company for serving notices on landowners, of their intention to make such application, to all the parties interested in such lands, or such of them as shall be known to the company, and shall state in such notice the particulars of the lands required; and if any of such parties interested shall apply within the said period of fourteen days to the lords of the said committee, such party shall be heard by them before any such certificate is given: Provided also, that where any such application shall have been made by any railway company to the lords of the said committee, upon which application any such certificate shall have been refused, the directors of such railway company shall, if required by the lords of the said committee, repay to the party resisting such application any expenses which he or they may have incurred in resisting such application.

Modifications etc. (not altering text)

C1 References to “lords of the said committee” to be construed as references to Minister of Transport: Interpretation Act 1889 (c. 63), s. 12(8), Ministry of Transport Act 1919 (c. 50), s. 2, Sch. 1 para. 1, S.I. 1953/1204 (1953 I, p. 1225), arts, 3(1), 4(4), 1959/1768 (1959 I, p. 1793) arts. 3(2), 4(1), 1970/1681, arts. 2(1), 6(3) and 1979/571, arts. 2(1), 3(5)